RAJ KISHORE RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant has preferred this appeal challenging his conviction for the offence under section 366 I.P.C. and sentenced to undergo R.I. for five years and pay fine of Rs. 2,000/ , in default R.I. for two years, as awarded on 8th July, 1999 by 5th Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No. 488 of 1996/ 72 of 1996 arising out of Chiraiya P.S. Case No. 31 of 1996.

(2.) THE prosecution has based its case on the fardbeyan (Ext 2) of Sitaram Sah, P.W. 7 recorded on 2.6.1996 at 17 hours by P.,W. 9 Sri D.K. Singh, Inspector Sikarganj P.S in presence of Awadhesh Kumar is that on 25 th May, 1996 in early hours i.e. about 3 A.M. the family found grand married daughter of the Informant missing, initially, after natural wait and search active attempts were made to locate her at near by possible places/ localities. But in the evening when the Informant came back could learn from co villager Lakshmi Sah P.W. 3 that girl was seen by the witness with the appellant in a Muzaffarpur bound Bus known as Sheet Basant at originating village Dhanka. Some time Patna High Court CR. APP (SJ) No.175 of 1999 dt.04 10 2013 2 thereafter one Meghu Prasad, P.W. 5 confirming such information claimed to see both at Muzaffarpur Bus stand purchasing LICHI. It is further stated that the girl was around 15 years of age, married a year before, remarriage (Gauna) though fixed but was yet to be performed meanwhile she has been enticed away with ulterior motive by the appellant, who was at normal visiting and talking terms. She also has taken ornaments with her. A week delay in lodging case was explained as of period consumed in search.

(3.) IN due course the appellant tried for the offence under sections 366 A and 366 I.P.C, ultimately taking into consideration the materials available the trial court convicted and sentenced the appellant only for the offence under section 366 I.P.C. giving rise to this appeal.